Compliance Stuff

At a Glance Revisions to Title 2 of the California Code of Regulations will govern the use of AI-based tools in California starting October 1, 2025. Among other things, the regulations define the scope of AI-driven (and other) automated decision-making systems (ADS), clarify what constitutes discriminatory use of ADS, require anti-bias testing of ADS, impose new recordkeeping requirements, and discuss affirmative defenses to employer liability. The final regulations are less burdensome than the original draft, but still impose several new compliance requirements for employers. On June 30, 2025, the California Civil Rights Council (“CRC” or “Council”) secured final approval for revisions to Title 2 of the California Code of Regulations, which governs administration of the California Civil Rights Department (CRD). These regulations interpret California’s Fair Employment and Housing Act’s (FEHA) prohibitions against discrimination in recruitment, hiring, promotion, training and terminatio...

The California Civil Rights Council has finally secured approval for its long-awaited regulations regarding employers’ use of artificial intelligence (AI), algorithms, and other automated decision systems. The agency says the regulations will clarify how existing administrative laws apply to the use of emerging technology to make employment decisions . The approval comes after years of consideration for new AI regulations, making California one of the first to adopt comprehensive AI regulations concerning employers. Quick Hits The California Civil Rights Council has received final approval for comprehensive regulations governing the use of AI and “automated-decision systems” in employment, aimed at preventing discrimination. These regulations clarify that employers must not use “automated-decision systems” that discriminate against applicants or employees based on protected characteristics under California antidiscrimination laws . California joins other states in implementing AI regul...